Firearms in your last will and testament

@N @nosteponsnek88 3 years ago

Greetings Everyone, :)
and happy new years, wishing you all a blessed, peaceful and wonderful year ahead.

I've been thinking about this scenario for a couple of months now.

I would just like to cover all possibilities and as to start from the beginning.
I have now very recently started to write it up, I have somewhat a more complicated issue as yours, as I currently have a few FA's and two of the FA's would require the heir to have DSS and license both on S16, I'm also unmarried and have no children.

The current legislation don't really make any good provisions for these circumstances at all, it actually almost becomes somewhat of a burden for the person that needs to sort this out.

I have very limited and basic knowledge about all of this, my questions are as follows and would appreciate it to get some guidance and advice on the following, basically a how to guide from scratch.

* Which company / bank / policy/ institution, would be best suited to handle this as pertaining to FA's etc especially, or will it be better to have a sibling / close friend as the Executor.

*How specific or detailed should your writing in the will be, i.e make, model, serial numbers of the FA's, and as for primers, propellant and ammunition. Is there limitations on how long or specific your will is allowed to be.

*What would the cheapest but easiest option be for the heir if he wishes to keep the S16 FA's, as for storage of the FA's, ammunition, primers, propellant.
Must it be stored at a Dealer / gun shop, just thinking of how quickly storage fees can add
up if the approval takes a significant time.

*What are SAPS / DFO involvement in these matters.

*On average how long does it take for an estate to be finalised, what happens to the FA'S etc during this time, must they immediately be stored/moved etc.

Obviously I will write something to the extent of he will be allowed to either keep, sell, donate, gift, any FA's or components as he wishes.

Lastly,

PS: Is it legally possible to insert a disclaimer in the will, that if the nominated heir is now no longer interested in any of the FA's or components etc, that the Executor would have full authority to then sell, donate or gift it to a gun shop/ dealer or other individual/s but by no means should any of the FA's, components, accessories, equipment, gear, tools, be handed, donated, surrendered to SAPS, SANDF, Law enforcement entities, government institutions etc.

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[deleted]

From working with families after the loss of loved ones, I can give some advice from a practical angle. Remember, your estate is in the hands of a human being, who might turn out to be money-hungry wolf. Or, who might not care the least bit. Therefore, be very careful whom you appoint as your executor.

DO NOT, by any means, have your will at the bank, an insurance broker or some similar institution. Why? Because the incapable, incompetent, unwilling and sometimes downright deliberately unfair personnel employed might make it a nightmare. Yes, not always, but often enough that it scares me. It takes long, it costs money and in the end, the heirs have to do much/most of the work, and they take a loss.

IF you appoint a lawyer (or anyone else who has financial gain) as your executor, make it worth his while to wrap it up asap. My advice: the attorney may claim 3.5% of the total value of the estate. Allow him 5% (?) if he wraps it up in 12 months. Otherwise it may take really long, because he can claim for every letter, email, phone call and drive he has to make. Unfortunately, some executors keep postponing until the estate is almost worthless to the heirs. Yes, not all lawyers etc are like this. Some do care about their professional reputation, their clients and the heirs. I hope you find such a one.

My further advice: appoint a trustworthy person (family member/friend?) as your executor and allow him to incorporate other people, like an accountant. Discuss the will with them that they know what you want. I have had good feedback from estates where accountants were appointed as executors,
or were incorporated to help. I don't know why but they seem to be hasty and precise.

Last bits of advice:
- Make the purpose of the estate (or parts thereof) clear ie "I want my farm to be a haven for my children, should they fall into hard times, and with this intent I make the following wishes ...". This gives a whole lot of wiggle room in case of unforeseen circumstances.

It sounds and feels good to give firm orders, but they can backfire: "I want Mr ABC to have my 303", and then Mr ABC dies two weeks after oneself, or doesn't want it.

Give the executor enough freedom to act according to unforeseen circumstances. Example: there is a house in Welkom (?) which the testament said may never be sold. The idea was apparently that it should stay in the family as fallback for the children. However, the children moved away and the house is said to be a complete ruin, simply because no-one was allowed to utilize it thoroughly. Give the executor the power to sell the house and buy elsewhere, or start a fund for the grand kids for university etc.

If you are of faith, religious etc, please remember your congregation if you can. The same goes for a charity. Often, they can use the extra income. In most cases it should be used well.

@N @nosteponsnek88 OP

@Ds J , thanks for your reply and input, as I, unfortunately, expected it is not a straightforward process and our current FA legislation is just stupid in this regard as it does not make good enough provision for it at all.

[deleted]

The firearms should be kept with the executor, which means they are safe. That is also why I mention giving the executor some freedom, in case it becomes necessary.

As a matter of fact, once one has passed away, it is not your trouble any longer and the humans (heirs, executor, etc) do what they want (bad scenario) or what they can (good scenario). One good provision of the FCA is that one can apply for a licence from an estate.

A second possibility is to give the firearms away now whilst being alive if possible. It might sound odd, but then you have the opportunity to see that things go exactly as you want. It might even give you a chance to go hunting with your favourite nephew with his new rifle. (Background of this suggestion: I know of one case where a fairly well off man learned that he had eight months to live, and he started getting rid of his belongings, companies, etc. By the time he passed away, he had R2700 to his name. No estate taxes paid, no fights amongst he heirs, etc.)

@T @treeman

By the time he passed away, he had R2700 to his name. No estate taxes paid, no fights amongst he heirs, etc.)
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The way it should be!